Many investors and vacation homeowners purchase homes with the intention of leasing them either full-time or seasonally. But what if you were told that you were prohibited from using the property as a rental? It happens more often than you'd think.
Many areas throughout the United States, especially in more populated areas have Homeowners Associations. These HOA's have rules called CC...R's (Covenants, Conditions ... Restrictions). You have an obligation as a homeowner to abide by these rules and regulations. These rules and restrictions mandate how you as the homeowner can use the property.
These CC...R's are provided to you prior to purchasing the home and should be read carefully. Usually anything that can be seen from outside can be controlled by the HOA. A bench in the front entry or even window coverings is two good examples. The HOA rules can regulate what plants and trees are allowed in your yard, the paint color of your home and even if you are allowed to lease your home. Some buyers request specifically from their real estate agent, to see only homes in non-HOA communities but these types of developments are far and few between.
During the real estate boom, many builders and HOA's began improvising and changing their rules to include if your home could be used as a rental. Or the rules stated how long you had to occupy the residence before renting to someone else. At first, renting the property might have been the furthest thing from our minds, but in today's current market many of us have had no other choice but to consider renting our homes out. When we first closed escrow on our homes we agreed to follow the CC...R's.
Rental properties have often been associated with higher crime rates, declining values and homes that are not maintained. Although this is a perception by most, it is usually not common in every community with rental homes. But a couple of bad apples ruin the bushel.
Is renting our homes today an option? This is a good question. Many HOA's are trying to amend their CC...R's to prevent rentals in the community. Where does that leave us? Do we have any leverage or authority in the HOA's? Can they make these changes without our approval?
When you purchase a home the contract stipulates that any CC...R's are binding and a part of the contract. So in essence you are agreeing to the HOA Rules and Regulation. Now the question is can the HOA change these rules after you have already agreed to the original ones? A purchase contract cannot be amended unless all parties agree.
The issue with amending the CC...R's after the purchase may be difficult but it can be done. When purchasing a home in a Homeowners Association, read the documents carefully. Consider the long term effects of the restrictions and how they may apply to your investment strategy. - 30462
Many areas throughout the United States, especially in more populated areas have Homeowners Associations. These HOA's have rules called CC...R's (Covenants, Conditions ... Restrictions). You have an obligation as a homeowner to abide by these rules and regulations. These rules and restrictions mandate how you as the homeowner can use the property.
These CC...R's are provided to you prior to purchasing the home and should be read carefully. Usually anything that can be seen from outside can be controlled by the HOA. A bench in the front entry or even window coverings is two good examples. The HOA rules can regulate what plants and trees are allowed in your yard, the paint color of your home and even if you are allowed to lease your home. Some buyers request specifically from their real estate agent, to see only homes in non-HOA communities but these types of developments are far and few between.
During the real estate boom, many builders and HOA's began improvising and changing their rules to include if your home could be used as a rental. Or the rules stated how long you had to occupy the residence before renting to someone else. At first, renting the property might have been the furthest thing from our minds, but in today's current market many of us have had no other choice but to consider renting our homes out. When we first closed escrow on our homes we agreed to follow the CC...R's.
Rental properties have often been associated with higher crime rates, declining values and homes that are not maintained. Although this is a perception by most, it is usually not common in every community with rental homes. But a couple of bad apples ruin the bushel.
Is renting our homes today an option? This is a good question. Many HOA's are trying to amend their CC...R's to prevent rentals in the community. Where does that leave us? Do we have any leverage or authority in the HOA's? Can they make these changes without our approval?
When you purchase a home the contract stipulates that any CC...R's are binding and a part of the contract. So in essence you are agreeing to the HOA Rules and Regulation. Now the question is can the HOA change these rules after you have already agreed to the original ones? A purchase contract cannot be amended unless all parties agree.
The issue with amending the CC...R's after the purchase may be difficult but it can be done. When purchasing a home in a Homeowners Association, read the documents carefully. Consider the long term effects of the restrictions and how they may apply to your investment strategy. - 30462
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